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REQUEST
Please could you provide us with a list of all female victims of homicide killed between 1 January 2024 and 31 December 2024 (inclusive) which your authority has been responsible for investigating and, for each victim:
Also, if possible, we would appreciate the following information.
RESPONSE
Domestic abuse is core police business and we are committed to tackling this crime - from call taking and first response by officers, to the investigation and the subsequent action to protect victims. We believe that working in partnership is essential to ensure that domestic abuse becomes everyone’s business. We work closely with a number of statutory and voluntary sector agencies in South Wales to tackle domestic abuse and the many forms of violence.
There were two female victims of homicide killed between 1 January 2024 and 31 December 2024 which South Wales Police has been responsible for investigating.
Questions 1-6 & 8
This information is available in the public domain, we are therefore not obliged to provide this information as the following exemption applies:
Section 21 – Information Accessible by Other Means.
This is an absolute, class-based exemption which means that a public authority is not required to consider the public interest in disclosure.
Under Section 16, the duty to provide advice and assistance, please see the below links:
Cardiff man convicted of murdering his partner at their Birchgrove home | South Wales Police
Cardiff house deaths couple Christine and Stephen Jefferies named - BBC News
Question 7
The victims and offenders in both cases were White British.
Question 9 & 10
South Wales Police can neither confirm nor deny that it holds any other information in relation to your request as the duty in Section 1(1)(a) of the Freedom of Information Act 2000 does not apply by virtue of the following exemptions:
Section 30(3) Investigations and proceedings conducted by public authorities
Section 31(3) Law Enforcement
Section 40(5) Personal Information
Section 30 is a class based qualified exemption which requires the public interest in the appropriateness of neither confirming nor denying information is held to be considered.
Section 31 is prejudice based qualified exemption and as such there is a requirement to evidence any harm confirmation or denial that information is held as well as consider the public interest.
Section 40 is a class based absolute exemption and there is no requirement to consider the public interest in this case.
Harm in complying with s1(1)(a) – to confirm or not whether information is held
Questions 9 & 10 are specifically asking for information (aka intelligence) that has been provided to the Police Service in confidence by individuals. The public expect police forces and other law enforcement agencies to use all powers and tactics available to them in their endeavour to prevent and detect crime or disorder and maintain public safety. There are a number of tactics available for gathering intelligence including, as in this case, recorded information that is provided by members of the public when they contact South Wales Police of their own volition.
The College of Police APP Information Management Module is a national standard adhered to by all police forces across England and Wales. Police Information refers to all information obtained, recorded or processed for a policing purpose and includes information which is processed (known as data, including personal data) and information which has been subject to a process of evaluation (known as intelligence).
It is a business process with an intention to provide focus to operational police and to achieve a disproportionately greater impact from the resources applied to any problem. It is dependent on a clear framework of analysis of information and intelligence allowing a problem solving approach to law enforcement and crime prevention techniques.
The Police Service would never confirm or deny whether information has been supplied by members of the public relating to a named individual or not, whoever that individual may be, unless there is genuine operational reason to do so. If South Wales Police reveals information, by confirming information is held (by citing an exemption) or, conversely, stating no information is held, that in itself reveals information about a named individual and would undermine the above APP.
In addition, the flow of information (intelligence) into South Wales Police could be compromised which would have an impact on our ability to collect reliable and accurate intelligence resulting in more costly and time consuming methods of collecting information. In addition confirmation or denial has potential to undermine ongoing operations, investigations as well as any future judicial process.
Finally, and more importantly, any disclosure which would undermine an investigation would also compromise the health and safety of an individual placing them in danger.
Public Interest Considerations
Section 30
Factors favouring complying with s1(1)(a)
Confirming or denying whether information exists relevant to this request would lead to a better informed general public by identifying that South Wales Police robustly investigate crime. This fact alone may encourage individuals to provide intelligence in order to assist with investigations and promote public trust in providing transparency and demonstrating openness and accountability into where the police are currently focusing their investigations.
Factors against complying with Section 1(1)(a)
Confirmation or denial that information is held would suggest South Wales Police take their responsibility to appropriately handle and manage intelligence supplied to them flippantly.
Under FOI, there is a requirement to comply with s1(1)(a) and confirm that information is held. In some cases it is that confirmation, or not, which could disclose facts which would undermine the investigative process and in such cases South Wales Police takes advantage of its ability under FOI legislation to, where appropriate, neither confirm nor deny that information is or is not held.
Irrespective of what information is or isn’t held regarding questions 9 &10, any information which could be used to undermine prosecutions or aid offenders is not in the public interest.
Section 31 Law Enforcement
Factors favouring complying with Section 1(1)(a) confirming information is held
Violence against women is an extremely emotive subject, even more so in the current climate following the tragic murder of Sarah Everard. There are lot of protests and campaigning ongoing into this subject as well as a vast amount of journalistic material in the public domain and this in itself favours confirmation or denial. Please see below examples:
Factors against complying with Section 1(1)(a) neither confirming nor denying that information is held
South Wales Police has a duty of care to the community at large and public safety is of paramount importance. If an FOI disclosure reveals information to the world by not adopting an NCND position, this action would compromise the effective delivery of operational law enforcement as detailed in the harm above.
South Wales Police relies on information being supplied by the public. Irrespective of what information is or is not held, by applying substantive exemptions would indicate that information is held and therefore reveal personal information about an individual. Such action would act as a deterrent to the public to provide intelligence to the force and would not be in the public interest.
Balance Test
The points above highlight the merits of confirming or denying that information pertinent to questions 9 & 10 exists. The Police Service relies heavily on the public and other law enforcement agencies providing information. The public has an expectation that any information they provide will be treated with confidence and in line with the APP Information Management Module. Anything which places that confidence at risk, no matter how generic, would undermine any trust or confidence other agencies and individuals have in the Police Service.
The effective delivery of operational law enforcement takes priority and is at the forefront of South Wales Police to ensure the prevention and detection of crime is carried out and the effective apprehensive or prosecution of offenders is maintained.
Therefore, at this moment in time, it is our opinion that for these issues the balance test for Neither Confirming Nor Denying that information is held for questions 9 & 10 is appropriate in this case.